Stamford Harassment in the Second-Degree Defense Strategies
Harassment charges could have negative consequences for an individual. The stigma associated with harassment charges could affect both your personal and your professional life. That is why it is imperative that if you have been charged with harassment in the second-degree, you should consult an attorney. If you want to know more about what Stamford harassment in the second-degree defense strategies could benefit you, speak with a capable second-degree harassment lawyer that could pursue a positive outcome for you.
Potential Defense Strategies in Harassment Cases
One of the Stamford harassment in the second-degree defense strategies that an attorney could use is that the defendant did not intentionally annoy or alarm the alleged victim in the case since intent is a required element of the crime. If the prosecution is unable to prove intent, they are unable to prove the second-degree harassment. Another defense strategy is to show that the parties were engaged in communication or the accuser initiated communication with the defendant and later decided that they did not like how the communication went and reported it to the police. Another defense strategy is to find any communications or additional information that the complainant hid from police when the report was made.
Elements the Prosecution Must Prove
There are three scenarios of harassment in the second-degree charges. The first one is when the prosecution just needs to prove that a defendant used a telephone and used indecent or obscene language toward the alleged victim. The second scenario is that the defendant intended to harass or alarm another person via mail, via telephone, or via computer, and the prosecution would need to show that intent. The third scenario is that they would have to prove that the defendant intended to harass, annoy, or alarm the other person by making a telephone call, whether or not an actual conversation occurred. That scenario typically involves repeatedly calling another party.
If the prosecutor is able to prove that someone intended to cause emotional harm, then they are able to prove their case. If they cannot prove that someone was doing these actions in order to cause any sort of emotional harm, then it is more difficult for them to prove their case and they are more likely to resolve it with the defense attorney.
Establishing the Accused’s Credibility
When putting together Stamford harassment in the second-degree defense strategies, it is also important to consider the credibility of the accused. A defendant’s credibility comes into play at trial when the defendant is testifying. Their credibility in front of the judge and jury can help negate the charges and the penalties if they are convicted and the judge performs sentencing.
A good step that someone can take to establish credibility is to stop all communications with the complainant to show that they understand the serious nature of the charges that are currently pending against them. Other ways to show credibility in the eyes of the court are to have a regular job that they have held for a long time, to have testimony that shows what a reliable person the defendant is, and to have testimony that shows that the accused has never been arrested or in trouble with the law before. These are all things that make them more credible and make their testimony more credible to a judge and a jury.
Importance of Credibility in Harassment Cases
It is important to establish and maintain credibility throughout the entire case process because it can help prove innocence to the judge and the jury by testimony. The judge and the jury believe a defendant’s testimony more when the defendant is seen as credible. If an accused person comes off as very credible, this often makes the jury see the complainant as less credible, because it is believed that one party is not telling the full truth in court. Attorneys work to make one party look more credible than the other party, especially in cases involving an emotional alleged victim.
The overarching Connecticut statute applies to second-degree harassment charges. All cases have their own nuances, but the courthouse is more likely to drop the case if they can see that the defendant is credible and is not lying.
Speaking to a Second-Degree Harassment Lawyer in Stamford
If someone has been charged with harassment in the second-degree, it is important that they attempt to retain the services of a skilled lawyer as soon as possible. An experienced harassment attorney may have knowledge of Stamford harassment in the second-degree defense strategies and could determine which strategies best suit a person’s case. An attorney may do so by examining the facts of an individual’s case, reviewing discovery, and working diligently in order to help others.